QUESTION
I am on SS disability and need to remove my sister from my special needs trust now and don't trust her how much does it cost?
Asked on Feb 02nd, 2013 on Estate Planning - California
More details to this question:
I need to remove my sister from my special needs trust. She can't be trusted because of all the things she's been doing I can't afford much so I will not sign the papers she had her lawyer sent to me. My sister is moving out of state, because she is going through a nasty divorce right now, what do I do?
10 ANSWERS
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
You have a complicated situation, that is really beyond the scope of a limited Question and Answer forum like this. You really need to visit with an estate planning attorney to discuss this situation and all of the various nuances of it.
Answered on Feb 05th, 2013 at 3:42 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Obtain yourself probate counsel who specializes in special needs trusts who can assist you in the removal of your sister, by filing a petition into the probate court for her removal based upon a declaration of your facts.
Answered on Feb 05th, 2013 at 3:40 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Best and least expensive option: Find a new, mutually acceptable successor trustee, and then ask your sister to resign.
Answered on Feb 05th, 2013 at 3:37 PM
Estate Planning Attorney serving Marquette, MI
at
The Wideman Law Center, P.C.
Update Your Profile
If she is the Trustee of your Trust, you should get an attorney to assist you in filing a Petition with the Probate Court where you reside for removal of the Trustee.
Answered on Feb 05th, 2013 at 3:37 PM
2 Awards
Make an appointment with a local attorney as soon as possible. Many will give you a free consultation.
Answered on Feb 05th, 2013 at 3:35 PM
Business Law Attorney serving Livonia, MI
at
Gerald A. Bagazinski
Update Your Profile
You can petition the probate court for a Court Supervision and a change of Trustee. The judge will consider the matter if you have cause to remove your sister. An attorney may consider taking your case based on the facts and circumstances and look to the Court to direct the trustee to pay the attorney fees.
Answered on Feb 05th, 2013 at 3:34 PM
3 Awards
You need to have the trust reviewed by an attorney to determine if you or another have that ability. SNTs are irrevocable trusts and little if any rights are retained by another or the beneficiary for a change. If you or another do not possess that power, you would need to petition the appropriate court to make that change. It may not be a simple fix. I urge you to seek legal counsel.
Answered on Feb 05th, 2013 at 3:34 PM
Revoking the trustee appointment is neither complicated or expensive so you should see an estate planning attorney right away.
Answered on Feb 05th, 2013 at 3:33 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
If you are able to make changes you just need to do an amended or restated trust. It may cost anyway from $500 to $1500 depending on how involved it is.
Answered on Feb 05th, 2013 at 3:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You will have to engage your own attorney, explain the situation in detail, provide the paperwork and then follow the advise.
Answered on Feb 05th, 2013 at 3:33 PM